The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-14
WILL APPEAL TOTHE COURTS
The Companies Concerned in the Right
of-Way War Will Use Force No More.
The Union Railway Company Replaces Part
Of the l.. d. & s. Track-The Vandalia
Threatened with Litigation.

The Big Four, the Union Railway and l.. d.
& S. companies. IN their controversy over the
strip of track laid by the latter company Satur-
day night, will carry the fight further until
they get decision from the courts. However,
both the Big Four and the Union railway COM
panies were on the alert all day yesterday
Steaming engines and loaded coal cars were
kept in position so as to prevent crossings be-
ing made at Mississippi and Tennessee streets.
Superintendent Bender regarded this as unnec-
essary vigilance he had accomplished
all that intended by laying the
temporary track 1.-THE courts" he continued,
will now take care of the question. There is
feeling in the matter. either to the Big Four
the Union Railway Company. We want to
reach the Union railway tracks now our own
line they to be adjusted for the new train
sheds. The ordinance of 1881 gave us the right
of way to Tennessee street, and while we are
not caring particularly now for independent
track, we laid the short strip in order to save
any question to right of way from lapsing
The Union Railway Company would prefer to
have each company come to the Union system
over its own track. With the Big Four the
legal issue will be whether We can make q cross
ing of it's tracks. and with the Union Railway
Company the question rests in how far its rights
extend to the ground over which the track was
laid"
Mr. Malott, of the Union Railway Company,
said: 81 do not see how there can be any con-
troversy between and the l.. d. & S. people.
All they desire is connection with our tracks,
and | think it would be immaterial to them
where they reached the system. Our claim rests
the purchase of the Coburn & Jones property
and that of the Magil heirs. We intend to use
that land for coach tracks and in reaching 1t we
must cross Tennessee street. The ordinance
paSSed last gives the right to r0adluSt
our tracks for that purpose. They go
over portion of the ground claimed
by the l. ID. 81 S. under the ordinance OF 1881.
The tracks to enable US to reach this proposed
coach yard were laid!Sunday night in order to
save our rights. 1t was not the intention OF the
Union Railway Company to do the work at this
time, but the position taken by the l., ID. q ).
prompted it to place the tracks as soon as posi-
BILE. 1t does not assert title to the l.. ID. d s.
right of way a whole. The new Union tracks
will use only about half of the disputed ground.
1t would be supposed that 1t would make no diff
ference with the l.. D. & s. company. Its pur
pose is reach tracks and it need
maintain only half the track it would if the line
was extended TO Tennessee street There will
be amcable adj ustment of the difficulty"
1t would appear from the statement of Mr..
Malott that the roadmaster of the Union Rail-
way was in too much of hurry Sunday night
when he had the whole stretch of track laid by
the l., ID. q S. the previous evening, torn up
and replaced by the Union Railway track.
About half of the track-that next to Mississippi
street-laid by the Union Railway Company, was
removed yesterday by its roadmaster, who re-
stored that for the track of the t., d. & S.
1t seems there is no controversy between
the l., d. & S. and the Union Railway Company
over this portion of the grouEd. There will be
delay Mr.. Bender says. about having the
questions settled in the courts. Judge Woods
summon the Big -Four and Union railway
people at any time to show cause why they
should interfere with the l., D. & S.. as that
road is still under recevership. Were It
otherwise the suits might be indefinitely pro-
longeG. 1t is also said by the superintendent
that no difficulty exists with the Big Four about
running trains over its track from Mississippi to
Tennessee street. The delay of Sunday nights
train was caused by the switching of sleeping
coaches which the l., D. & S. take from the c.,
H. & l. The running arrangements remain as
they WERE